Study Of Minority Shareholders' Interest To Protect The Legal System

To consummate the inner-company's power distribution system is one of the most important problems in company's legislation and practice．One aspect of this system is setting up a system of minority shareholder protection to balance the power between majority shareholders and minority shareholders．But in real life, the rights of minority shareholders are always disregarded. Majority shareholders control the rights of shareholder convention, making their will becoming bill of shareholder convention, finally their will become company's will. This badly impair the rights of minority shareholders, this also do harm to the inner-company's power distribution system. So it is necessary to build a system of minority shareholder protection.The essay includes five parts.In the first part, I set forth the issue of the system of minority shareholder protection, then I discuss the precondition of this problem namely how to distinguish majority shareholders from minority shareholders. All this lay down a foundation for the next part of the essay.In the second part, I emphasize on the real background of the system of minority shareholder protection, and I try to demonstrate how the rights of minority shareholders are aggrieved. Consequently I set forth the necessity of protection of minority shareholders from the aspect of real life.The third part of the essay emphasizes the new theory foundations of system of minority shareholder protection. With the development of company law, the theory foundations of the system of minority shareholder protection have changed. The new theory foundations of the system of minority shareholder protection are principle of honest and credit,prevail of thought of shareholders' equal,principle of actions which exceeds authority are validity,principle of creditor's center status. The fourth part is the main body of the essay. In this part, I elaborate the detailof the system of minority shareholder protection. There are mainly two parts in this system. First part is to impel minority shareholders to officiate their rights actively, including system of balance between manager and shareholders,system of balance between majority shareholders and minority shareholders. The second part is to impel minority shareholders to protect their rights through litigation. The fifth part is the last part of the essay. This part mainly focuses on the building of our system of minority shareholder protection. This part makes suggestions about our company law in order to consummate our domestic company law.